Township of Haverford, PA Article II Chronic Nuisance Property Standards

§ 119-9 Purpose.

A. The Board of Commissioners finds that chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhood where they are located, are a financial burden to the Township based on the repeated Township services provided to deal with the nuisance activities that occur at the property, and pose a threat to the health, safety and welfare of Township residents.

B. These regulations are enacted to remedy nuisance activities that occur at the properties by providing a process for abatement and accountability. This remedy is not an exclusive remedy and may be used in conjunction with any state and/or local laws.

§ 119-10 Definitions.

For purposes of Article II, the following words or phrases shall have the meanings prescribed below:

ABATE

To repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of § 119-11 by such means and in such a manner and to such an extent as the applicable Township department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community;

CHRONIC NUISANCE PROPERTY

A property which had three or more nuisance activities occur during any sixty-day period.

CONTROL

The ability to regulate, restrain, dominate, counteract, mitigate, or govern a property or conduct that occurs on a property.

NUISANCE ACTIVITY

Means and includes:

A. Any nuisance as defined by state law or local ordinance occurring on, around or near a property, including violations of the provisions of state law and the General Laws of the Township of Haverford.

B. Any criminal conduct as defined by state law or local ordinance occurring on, around or near a property, including, but not limited to, the following activities:

(1) Failure to disperse, as defined in 18 Pa.C.S.A. § 5502;

(2) Disorderly conduct, as defined in 18 Pa.C.S.A. § 5503;

(3) Prostitution, as defined in 18 Pa.C.S.A. § 5902;

(4) Underage drinking, as defined in 18 Pa.C.S.A. § 6308;

(5) Any drug-related activity, as defined in 42 Pa.C.S.A. 6801(a)(6);

(6) Fireworks, as defined in Chapter 83, Article V, of the General Laws of the Township of Haverford; and

(7) Noise, as defined in Chapter 117 of the General Laws of the Township of Haverford.

C. For purposes of this article, nuisance activity shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act.

PERSON

Natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them.

PERSON RESPONSIBLE FOR THE PROPERTY

Unless otherwise defined, any person who has titled ownership of the property, an occupant in control of the property, a developer, builder, or business operator or owner who is developing, building or operating a business on the property, and/or any person who has control over the property and allows a violation of § 119-11 to continue.

PREMISES and PROPERTY

May be used in Article II interchangeably and means a public or private building, lot, parcel, dwelling, rental unit, structure, real estate or land or portion thereof, including property used as a residential or nonresidential property.

RENTAL UNIT

Any structure or that part of a structure, including but not limited to single-family home, room or apartment, which is rented to another and used as a home residence, or sleeping place by one or more persons.

§ 119-11 Violation.

A. Any property within the Township of Haverford which is a chronic nuisance property is in violation of Article II and subject to its remedies.

B. Any person responsible for a property who permits property to remain a chronic nuisance property shall be in violation of Article II and subject to its remedies.

§ 119-12 Procedure.

A. When the Chief of Police, or his/her designee(s), receives documentation confirming the occurrence of three or more nuisance activities within a sixty-day period on any property, the Chief of Police, or his/her designee(s), may review such documentation to determine whether it describes the nuisance activities enumerated in the definition of "nuisance activity" in § 119-10. Upon such a finding, the Chief of Police, or his/her designee(s), shall send and/or deliver a written notice to the person responsible for the property, that the property is a chronic nuisance property.

B. The first notice shall contain:

(1) The street address or legal description sufficient for identification of the property;

(2) A concise description of the nuisance activities that exist or have occurred;

(3) An instruction that the person responsible for the property shall respond to the Chief of Police or his/her designee(s) within 10 days of service of the first notice to discuss the nuisance activities and create a written and dated agreement to abate the nuisance activity within an enumerated timeline; and

(4) A statement describing that if the nuisance activity is not abated, the person responsible for the property may be subject to a criminal fine of not more than $1,000 per day, and/or civil fines and penalties, court costs and attorneys' fees.

C. If the person responsible for the property fails to respond to the first notice within the time prescribed therein, the Chief of Police or his/her designee(s) shall issue a second notice which declares the property to be a chronic nuisance property and post the second notice at the property.

D. The content of the second notice shall contain the same subject matter as enumerated in § 119-12B.

E. If the person responsible for the property fails to respond to the second notice within the time prescribed therein, the Chief of Police or his/her designee(s) shall issue to the person responsible for the property a nontraffic citation for a violation of this article, punishable by a maximum penalty of $1,000 for each violation date after the failure to respond to the second notice deadline prescribed therein.

F. If the person responsible for the property fails to respond to three issued nontraffic citations and the nuisance activity continues, the matter shall be referred to the Township Solicitor for a civil action at law and/or equity.

G. If the person responsible for the property responds as required by the first or second notice and agrees to abate the nuisance activity, and if the agreed course of action does not result in the abatement of the nuisance activity within an enumerated timeline of the agreement, the matter shall be forwarded to the Township Solicitor for a civil action at law and/or equity.

H. It shall be an affirmative defense to an action for chronic nuisance property that the person responsible for the property, at all material times, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the property.

§ 119-13 Commencement of civil action at law and/or equity.

A. Once the matter is referred to the Township Solicitor, the Township Solicitor shall review and make a determination to initiate a civil action at law and/or equity, or may seek alternative forms of abatement of the nuisance activity. The Township Solicitor may initiate legal action on the chronic nuisance property and seek civil penalties, court costs and reasonable attorneys' fees in Magisterial District Court and/or the Court of Common Pleas in order to abate the nuisance activity.

B. If a legal action is commenced in Magisterial District Court, and if the property is found to be a chronic nuisance property under Article II, the Magisterial District Court may impose a civil penalty against any or all of the persons responsible for the property, and may order any other relief the Magisterial District Court deems appropriate. A civil penalty may be assessed in the amount of not more than $1,000 per day for each day the nuisance activity continues to occur following the date of the second notice deadline as defined in § 119-12, and/or following the date of the failure of the agreement to abate, if any was previously agreed to.

C. In assessing the civil penalty, the Magisterial District Court may consider the following factors:

(1) The actions taken by the person responsible to mitigate or correct the nuisance activity;

(2) The repeated or continuous nature of the nuisance activity;

(3) The statements of the neighbors or those affected by the nuisance activity; and

(4) Any other factor deemed relevant by the Magisterial District Court.

D. The Magisterial District Court may assess costs against the person responsible for the property in the amount of the costs the Township incurred to abate or attempt to abate the nuisance property, court costs and reasonable attorneys' fees.

E. If the Township Solicitor initiates legal action in Magisterial District Court, the Magisterial District Court legal action shall not be an exclusive remedy and may be used in conjunction with any state and/or local laws. In addition, the initiation of legal action in Magisterial District Court shall not be the exclusive jurisdiction for the matter and may be used in conjunction with any legal action at law and/or in equity in the Court of Common Pleas.

§ 119-14 Summary closure.

Nothing in this chapter prohibits the Township of Haverford from taking any emergency action for the summary closure of such property when it is necessary to avoid an immediate threat to public welfare and safety. The Township shall provide such notice as is reasonable under the circumstances.